Elements of Law Considered with Reference to Principles of General Jurisprudence

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Clarendon Press, 1889 - 443 sayfa
 

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Sayfa 104 - A command, then, is a signification of desire. But a command is distinguished from other significations of desire by this peculiarity: that the party to whom it is directed is liable to evil from the other, in case he comply not with the desire.
Sayfa 351 - ... it. If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable ; and the usual course therefore has been to leave the question to the jury whether the party accused had a sufficient degree of reason to know that he was doing an act that was wrong, and this course, we think, is correct, accompanied with such observations and explanations as the circumstances of each particular case may require.
Sayfa 21 - Within these limits the power vested in the American courts of justice of pronouncing a statute to be unconstitutional forms one of the most powerful barriers which has ever been devised against the tyranny of political assemblies.
Sayfa 64 - It is by the urging of the different analogies that the contention of the bar is carried on : and it is in the comparison, adjustment and reconciliation of them with one another ; in the discerning of such distinctions, and in the framing of such a determination, as may...
Sayfa 363 - In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will.
Sayfa 276 - ... writs, &c., and that it was where a custom or usage or other thing hath been used for time whereof mind of man runneth not to the contrary.
Sayfa 166 - If a feoffment be made upon this condition, that the feoffee shall not alien the land to any, this condition is void, because when a man is enfeoffed of lands or tenements he hath power to alien them to any person by the law. For if such a condition should be good, then the condition should oust him of all the power which the law gives him, which should be against reason, and therefore such a condition is void.
Sayfa 380 - In suis heredibus evidentius apparet continuationem dominii eo rem perducere, ut nulla videatur hereditas fuisse, quasi olim hi domini essent qui etiam vivo patre quodammodo domini existimantur : unde etiam filitfsfamilias appellatur sicut paterfamilias, sola nota hac adjecta per quam distinguitur genitor ab eo qui genitus sit.
Sayfa 361 - If, therefore, in the present case, the plaintiff knew that the defendant in dealing with him for oats, did so on the assumption that the plaintiff was contracting to sell him old oats, he was aware that the defendant apprehended the contract in a different sense to that in which he meant it, and he is thereby deprived of the right to insist that the defendant shall be bound by that which was only the apparent, and not the real bargain.
Sayfa 122 - ... promise itself, but they are, if anything, of greater importance ; for that delicate analysis which mature jurisprudence applies to the conditions of mind under which a particular verbal assent is given appears, in ancient law, to be transferred to the words and gestures of the accompanying performance. No pledge is enforced if a single form be omitted or misplaced, but, on the other hand, if the forms can be shown to have been accurately proceeded with, it is of no avail to plead that the promise...

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